Case Summary (G.R. No. 18637)
Background Facts
On August 14, 1950, Noromor was appointed as a member of the police force in Oras, Samar, receiving an annual salary of P540. Following a charge of frustrated murder, he was suspended from his duties on January 16, 1951. While suspended, the municipal treasurer ceased payment of his salary. However, after being acquitted of lesser charges on July 16, 1954, Noromor was reinstated to his position on September 1, 1954.
Legal Proceedings Initiated
After his reinstatement, Noromor demanded payment for his salary from the period of suspension, amounting to P1,957.50. The mayor of Oras supported this claim, but the municipal treasurer could not process the payment due to the lack of appropriations in the municipal budget. Consequently, Noromor filed a petition for mandamus before the Court of First Instance of Samar, seeking an order to the respondents to approve a supplemental budget for the payment of his salary.
Respondents' Defense
In their answer, the respondents contended that Noromor was not reinstated but rather reappointed to the police force after his acquittal. They further argued that he was not entitled to the salary claimed because he was not a civil service eligible employee. They invoked Republic Act No. 557, asserting it applies solely to eligible police personnel.
Court's Decision at First Instance
The court ruled in favor of Noromor, compelling the respondents to pay the amount he claimed. Additionally, it mandated the municipal board to meet in special session to make the necessary budget appropriations. The court did not award costs to Noromor.
Appeal and Legal Provisions
The respondents appealed the trial court's decision solely on questions of law. The relevant legal framework cited for Noromor's claim is Section 4 of Republic Act No. 557, which mandates that a suspended police personnel, upon acquittal, is entitled to the full salary that was not paid during the suspension.
Court's Interpretation of the Law
The court interpreted the law as unambiguous, asserting that suspended municipal police officers are entitled to their full salary post-acquittal, regardless of civil service eligibility. It emphasized that Noromor’s ongoing
...continue readingCase Syllabus (G.R. No. 18637)
Case Overview
- Parties Involved: Ceferino Noromor (Petitioner and Appellee) vs. The Municipality of Oras, et al. (Respondents and Appellants)
- Citation: 117 Phil. 425
- G.R. No.: L-18637
- Date Decided: February 28, 1963
- Deciding Justice: Bautista Angelo, J.
Background of the Case
- On August 14, 1950, Ceferino Noromor was appointed as a member of the police force of Oras, Samar, with an annual salary of P540.00 by Mayor Florentino P. Lomuntad.
- Noromor took his oath of office on August 15, 1950.
- On December 11, 1950, he was charged with frustrated murder in Criminal Case No.-1272, leading to his suspension from office starting January 16, 1951.
- His salary payments were halted due to the suspension.
- Following a conviction for less serious physical injuries, Noromor appealed to the Court of Appeals and was acquitted on July 16, 1954, reversing the lower court’s decision and ordering that costs be borne by the office.
Reinstatement and Salary Claim
- After his acquittal, Noromor was reinstated to his position on September 1, 1954, and took his oath of office.
- He demanded payment for his withheld salary during his suspension, amounting to P1,957.50 (P45.00 monthly from January 16, 1951, to August 31, 1954).
- The mayor endorsed his request to the municipal treasurer, but payment was not made due